LPFM Portland Metro Review: Licensed-CP's-Applications

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  • #2756
    Andy Brown
    Participant

    “it makes we wonder about real world interference down there”

    KSPC’s records show they have consistently reduced the area of interference through changes in antenna site, ERP and the use of DA. The history of how they obtained their initial waiver is unknown. Both stations have been licensed since 1980 or before, but the electronic records of how they ended up needing a waiver in the beginning is not found on line.

    Remember, below 92.1, in the reserved band, what matters is keeping your contours from interfering with co, 1st, 2nd and 3rd adjacent stations. There is no “spacing” requirement except for 91.5, 91.7 and 91.9 must conform to 73.207 spacing to any station in the non reserved band. Still, I see your point about their 100 dBu being inside KPCC’s 60 dBu. Usually waivers like this in the NCE band happen when a detailed case is made about population estimates and area of interference and being a third adjacent it has a better chance of getting a waiver then if it was closer in frequency. See the specific waiver guidelines below. However, there is no carry over value to your suggestion for Class A’s with no second adjacent requirements. Besides, up in the commercial (non reserved) end of the band above and including 92.1, petitions to deny the waiver would fly freely.

    Here’s the overlap rules for NCE’s in the reserved band and Class D’s:

    http://www.ecfr.gov/cgi-bin/text-idx?SID=d437b134b697842a0057f587d3c5e2e4&node=47:4.0.1.1.2.4.1.8&rgn=div8

    Note this part:

    (d) An application for a change (other than a change in channel) in the facilities of a NCE-FM broadcast station will be accepted even though overlap of signal strength contours, as specified in paragraphs (a) and (b) of this section, would occur with another station in an area where such overlap does not already exists, if:

    (1) The total area of overlap with that station would not be increased;

    (2) The area of overlap with any other station would not increase;

    (3) The area of overlap does not move significantly closer to the station receiving the overlap; and,

    (4) No area of overlap would be created with any station with which the overlap does not now exist.

    (e) The provisions of this section concerning prohibited overlap will not apply where the area of such overlap lies entirely over water.

    Also, the second chart might seem to indicate that a Class D can file for a class change, but that would be incorrect. Class D’s can not of their own accord file for a major change. They must be displaced first. However, in the appropriate window a Class D can compete against anyone else that might file for a primary service station that would be substituted for the Class D. Anyway, NONE of this applies to KXRY as they are already maxed out at 91.1. There is the future possibility that the FCC will eventually allow Class D’s to upgrade to LPFM, but that will have next to zero impact on coverage for the average Class D unless they are operating below their maximum allowable parameters. You can see the difference by going to any of the two LPFM applications from Rocky Butte and compare it to KXRY. KXRY is maxed out and very close to the coverage of the LPFM’s at that location. The difference is maybe a few km but less than a mile. Of course, in secondary service stations, every watt more is a good thing. Secondary stations must accept any and all interference with no recourse and get bumped off their frequencies a lot, but seeking displacement relief is not carte blanche.

    #2757
    semoochie
    Participant

    Thank you Andy. I know this is a lot of work and I appreciate it. I was assuming that the LA station was grandfathered before 1964 and didn’t require a waiver but I haven’t checked.

    #2758
    Andy Brown
    Participant

    The FCC has Accepted For Filing a joint request for a Construction Permit on Channel 256 99.1 MHz and time share settlement agreement between LGBTQ Community Center Fund and We Make The Media, Inc.

    Office of the Secretary FCC 445 12th Street, S.W. Washington, DC 20554

    Attention: James D. Bradshaw, Rm 2A-267

    Hello Mister Bradshaw,

    Enclosed please find a Joint Request ForApproval Of Universal Time Share Agreement between LGBTQ Community Center Fund (dba Q Center) & We Make The Media, both 501(c)(3) Non-Profits in Portland, OR applying for LPFM on Channel 256 in Portland,OR

    Q Center and We Make The Media are proud to have worked out an agreement that will potentially allow us each to offer our programming via this shared agreement. Q Center proposes to broadcast Sunday through Saturday between the hours of 3:00pm and 3:00am. We Make The Media has opted for the Sunday through Saturday 3:00am to 3:00pm time slot.

    Bobby Harsell Radio Program Project Manager at Q Center 503 964 4644 oregonradio@yahoo.com

    PORTLAND’S LGBTQ Community Center 4115 N. Mississippi Ave Portland.OR 97217 (503) 234-7837 pdxqcenter.org

    4R 042014

    CCIA ‘v/al/p1

    I1

    1..-;,”

    Before The

    Federal Communications Commission

    Washington, D.C. 20554 In re: Applications of FCC Mutually Exclusive Applicants

    LGBTQ Community Center Fund (dba 0. Center) – FCC Registration #0023109606 BNPL 20131114AA0

    &

    We Make The Media – FCC Registration #0023109507 BNPL20131114AY0.

    MX Group

    For New Low Power FM Stations At Portland, Oregon To Operate on a Timeshare Basis on Channel 256 (99.1 FM)

    JOINT REQUEST FOR APPROVAL OF UNIVERSAL TIMESHARE AGREEMENT

    O Center and We Make The Media, mutually exclusive applicants for authority to construct new low power FM broadcast stations to serve Portland, Oregon (FCC File Nos. BNPL-195542, BNPL-195582, respectively) (collectively, the ‘Applicants), hereby jointly request that the Commission:

    1. Approve the attached Settlement Agreement that resolves the mutual exclusivity among the applications; and

    2. Grant the above-referenced applications subject to the operating hours specified in the Settlement Agreement;

    3. Modify the application of We Make The Media to specify the same technical facilities proposed byQCenter;

    In support of this request, the following is shown:

    The Applicants constitute all the applicants identified as Mutually Exclusive Group MX in the Public Notice released December 16, 2013, DA 13-2397.

    The Applicants have entered into a Settlement Agreement that resolves the mutual exclusivity among all their applications. A copy of that Settlement Agreement is attached hereto as Exhibit A.

    The proposed settlement comports in all respects with Section 47 C,F,R. 73.3525 of the Commission’s Rules.

    modified pursuant to the Settlement Agreement, would serve the public interest by providing new LPFM services to Portland, Oregon. Grant of the proposed Settlement Agreement will also conserve Commission resources by terminating their proceeding without the need for further litigation.

    Accordingly, the parties respectfully request that this Joint Request be granted, the Attached Settlement Agreement be approved, and that the above-captioned applications of Q Center and We Make The Media be granted, subject to the terms and conditions of the Settlement Agreement.

    Respectfully Submitted,

    LGBTQ Community Center Fund (dba Q Center) Name: Barbara McCullough-Jones

    Title: Executive Directoj–

    We Make The Media – Na me: Rebecca Webb Title: Director

    Dated February 13, 2014

    VJ1Jj.v

    SETTLEMENT AGREEMENT

    This Agreement is made this 13th day of February 2014, between and among LGBTQ Community Center Fund (dba Q Center) and We Make The Media (hereinafter, singularly, “Applicant’, collectively, the ‘Applicants”).

    Whereas, each of the Applicants tendered to the Federal Communications Commission (“FCC” or “Commission”) an application (collectively “Applications”) for a construction permit (“Construction Permit’) to build new a low power radio broadcast station on FM Channel 256 at Portland, Oregon (the “Stations”);

    Whereas, each of the Applicants filed its application with the intention of obtaining a grant of the application and not for purposes of settlement;

    Whereas, the Applications are mutually exclusive; and

    Whereas, the Applicants constitute all the applications identified by the Public Notice issued by the Commission on January 29, 2014as Group MX; and

    Whereas, the public interest will best and most fully be served by grant of the Settlement Agreement because such grant will conserve the resources of the Commission and of the Applicants and hasten inauguration of new radio broadcast services to Porltand, Oregon;

    Now Therefore, in consideration of the foregoing and of the terms and conditions set forth herein, and with the intent of being legally bound hereby, the Applicants agree to the following:

    Article I

    1. FCC Consent. This Agreement is entered into subject to approval by the FCC and shall be void unless approved by the FCC. Should the FCC object to any part of this Agreement, the Applicants agree that they will immediately make good faith efforts to resolve each FCC objection in order to obtain FCC approval.

    2. Joint Request for Approval of Agreement. Within five (5) days from the date of this Agreement, the Applicants will file with the FCC a Joint Request for Approval of this Agreement. The Joint Request shall be accompanied by a copy of the executed Agreement, and a Declaration of No Consideration, in the form attached hereto as Exhibits B-i through B-5, signed by each Applicant, as well as any other supporting documentation required by Section 73.3525 of the FCC’s Rules, The Joint Request shall request the FCC to grant the applications of the Applicants, as amended in accordance with the Agreement. In the event the Agreement is not approved by the FCC, the Applicants shall return to their status as though this Agreement had not been entered.

    3. Modification of Technical Facilities. Within five (5) days from the date of this Agreement, 0, Center and We Make The Media will amend their respective applications as provided in paragraph 8 below.

    4. Limited Hours. Each of the Applicants agrees to be licensed for the limited hours of operation described in paragraph 6 below.

    EXHIBIT A

    6.

    Finality. This Agreement is subject to the condition that the grant of the Settlement Agreement and the modifications of technical facilities specified in paragraph 8 below each become a Final Order. A Final Order shall be an order of the FCC which is no longer subject to administrative or

    judicial review, reconsideration, or stay.

    Article II

    Hours of Operation. The Applicants hereby request that the Commission grant each Application subject to the following hours of operation:

    Sunday through Saturday3:OOpm to 3:00am: Q Center3:OOam to 3:00pm: We Make The Media

    Minimal Operating Schedule. The hours of operation proposed in this Agreement comply with Section 73.872(c) of the Commission’s Rules by allowing each Applicant the following number of operating hours per week:

    LGBTQ Community Center Fund (dba 0 Center) = 84 hours/week We Make The Media 84 hours/week

    8.

    9.

    10. 11.

    12.

    13. 14.

    15.

    Shared Transmission Facilities. As part of this Agreement: (a) We Make The Media shall modify its application to specify the same transmission facilities as specified by Q Center.

    Article Ill

    Valid Organization and Warranty. Each Applicant represents that (a) it is duly organized, validly existing and in good standing in its state of formation, and (b) the execution, delivery, and performance of this Agreement has been duly and effectively authorized by its governing board.

    Amendment. This Agreement may be amended or modified by the Applicants only by a written instrument executed by all of the Applicants and submitted to the Commission.

    Expenses. Except as otherwise provided herein, each Applicant shall bear its own expenses in relation to the preparation, filing, prosecution, and performance of the duties contemplated by this Agreement. Conduct of Applicants. Each Applicant shall use its best efforts to cooperate in good faith with the other Applicants and with the FCC by expeditiously providing any additional information which reasonably may be required, and by doing all other acts reasonably necessary to effectuate the objectives of this Agreement.

    Confidentiality. The Applicants shall henceforth maintain the confidentiality of any information received from any other Applicant in connection with the negotiation and filing of this Agreement. Remedies on Default; Attorneys Fees. In the event of a default on the part of any Applicant, any Applicant not in default shall have available to it all remedies, at law or equity, to which it is entitled under Oregon law, including the right to obtain specific performance of the terms of this Agreement. The prevailing Party in any lawsuit to enforce this Agreement or to be compensated for the default of another Party shall be entitled to reasonable attorneys fees) at trial and on appeal, as shall be determined by the court.

    Benefit and Assignment. The Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives and successors. No Party may assign its

    interest under this Agreement, without the prior written consent of the other Parties, and in no

    event shall such assignment be permitted if it would violate Section 73.865 of the Commission’s

    Rules. 16. Paragraph and Section Headings. All paragraph and section headings in the Agreement are for

    convenience of reference only and are not intended to qualify the meaning of any section or

    paragraph. 17. Counterparts; FacsimUe. This agreement may be executed in counterparts, which, when

    executed, shall constitute one Agreement, binding on all Parties hereto, notwithstanding that all Parties are not signatory to the original. The Parties agree that any signatures conveyed to other Parties by facsimile shall be deemed to have full force and effect.

    18. Entire Agreement. This Agreement contains the entire understanding between and among the Parties and supersedes all prior written or oral agreements between them irrespective of the subject matter. There are no representations, agreements, arrangements or understandings, oral or written, among the Parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. By signing below, the Parties acknowledge that they have read this Agreement and fully understand each provision of this Agreement.

    19. Interpretation; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. Any action under or pertaining to this Agreement shall be brought in Multnomah County, Oregon.

    20. Notices. Any notice required hereunder shall be in writing, and any notice or other communication shall be deemed given when delivered by: (i) confirmed facsimile transmission, provided a copy of the notice is mailed within 24 hours; (ii) certified mail, return receipt requested; (iii) electronic mail (email) with notice by telephone of same by the sender to the recipient; or (iv) a nationally-recognized overnight delivery service, to the following addresses, or such other addresses as may hereafter be specified in writing:

    Barbara McCullough-Jones, Executive Director LGBTO. Community Center Fund (dba Q Center) 4115 N Mississippi Ave Portland, Oregon 97217

    Phone: 503-234-7837 Email: barbara@pdxqcenter.org

    Rebecca Webb We Make The Media P0 Box 820024 Portland, Oregon 97282 Phone: 503-784-6869 Email: Rebecca@prp.fm

    21. Waiver. Failure of any Party to complain of any act or omission on the part of any other Party in breach of this Agreement, no matter how long the same may continue, shall not be deemed a waiver of rights hereunder. No waiver of any provision of this Agreement shall be deemed a waiver of any other provision, or consent to any subsequent breach of the same or other provisions.

    22. Liability. Nothing contained herein shall limit any Party’s other businesses; waive any claims any Party may have against another Party; except as provided for herein or under applicable Oregon law; or allow any Party to bind any other Party except as may be expressly stated herein.

    23. Severability. If any term or provision of this Agreement be invalid or unenforceable as to any Party, the remainder of this Agreement shall not be affected thereby, and each remaining term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

    In Witness Whereof, this Agreement is hereby executed as of the date first above written.

    LGBTQ Community Center Fund (dba Q Center) Barbara McCullough-Jones Executive Director

    We Make The Med Rebecca Webb Director

    Dated: February 13, 2014

    EXHIBIT B-I. Declaration of No Consideration I, Barbara McCullough-Jones, do hereby declare, under penalty of perjury, as follows:

    I am Executive Director of LGBTQ Community Center Fund (dba Q Center), FCC File No. 0023109606, an Applicant for a construction permit for a new low power FM radio station to share time operating on Channel 256 at Portland, Oregon (‘Construction Permit’).

    Applicant has entered into a Settlement Agreement to share the Channel with another Applicant and to receive a Construction Permit.

    The Settlement Agreement constitutes the entire understanding between Q Center and the other applicant for settlement of this proceeding. Other than as stated in the Settlement Agreement, Q Center has not received any consideration or paid any consideration to the other applicants for a Construction Permit. Nor has any consideration been promised except as stated in the Settlement Agreement.

    Q Center did not file its application for the purpose of reaching or carrying out a settlement.

    Approval of the Settlement Agreement is in the public interest. It will conserve the resources of the parties and the Commission and will speed the delivery of low power FM radio service to the public.

    I am authorized to sign this Declaration and the Settlement Agreement on behalf of the Applicant.

    By:

    Barbara McCullough-Jones Executive Director LGBTQ Community Center Fund (dba Q Center)

    EXHIBIT B-2

    Declaration of No Consideration I, Rebecca Webb, do hereby declare, under penalty of perjury, as follows:

    I am Director of We Make The Media, FCC File No. 0023109507, an applicant for a construction permit for a new low power FM radio station to share time operating on Channel 256 at Portland, Oregon (‘Construction Permit”),

    Applicant has entered into a Settlement Agreement to share the Channel with another Applicant and to receive a Construction Permit.

    The Settlement Agreement constitutes the entire understanding between We Make The Media and the other applicant for settlement of this proceeding. Other than as stated in the Settlement Agreement, We Make The Media has not received any consideration or paid any consideration to the other applicants for a Construction Permit. Nor has any consideration been promised except as stated in the Settlement Agreement.

    We Make The Media did not file its application for the purpose of reaching or carrying out a settlement.

    Approval of the Settlement Agreement is in the public interest. It will conserve the resources of the parties and the Commission and will speed the delivery of low power FM radio service to the public.

    lam authorized to sign t ‘s Declaration and the Settlement Agreement on behalf of the Applicant.

    By:

    Rebecca Webb Director We Make The Media

    Since We Make The Media (Portland Radio Project) will amend to LGBTQ Community Center Fund’s proposed site, we can expect a lengthy construction period as placing an FM antenna on an AM tower involves extra steps and expense since some form of iso-coupling usually is employed when the AM is series fed. see this article or dig into this this one

    Depending on the plan, KBPS may have to file for changes to its tower.

    https://licensing.fcc.gov/cgi-bin/ws.exe/prod/cdbs/forms/prod/cdbsmenu.hts?context=25&appn=101590515&formid=318&fac_num=195542

    http://licensing.fcc.gov/prod/cdbs/pubacc/Auth_Files/1473256.pdf

    http://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistration.jsp?regKey=599297

    #2759
    Andy Brown
    Participant

    The FCC has granted the Application for a Construction Permit to The Way To Salvation Community Church in Camas, WA to operate on Channel 273 102.5 MHz. Their proposal is outlined in my initial post in this thread.

    #2760
    jr_tech
    Participant

    Isn’t the KBPS tower shunt fed?

    #2761
    Andy Brown
    Participant

    The Authorization shows a full height radiator, at least at a quick glance, so I assumed not. Even if it’s shunt fed, the top part is hot. I don’t have time right now to go back and check the numbers again, specifically at what height they are proposing.

    #2762
    semoochie
    Participant

    Would that be “The” Rebecca Webb?

    #2763
    Alfredo_T
    Participant

    Some time ago, I rode up to the base of the KBPS tower. It is shunt-fed. At the very top of the tower, there is what appears to be a discone antenna (for a scanner, perhaps?).

    The shunt-feed arrangement at KBPS is the old-school sloping wire arrangement. KOAC is another station using this type of antenna system (see http://www.fybush.com/sites/2007/site-070223.html ). This method of feeding a tower is quite rare in AM broadcast today, and all stations using them have been grandfathered in. New antenna systems that don’t use series feed are folded monopoles.

    #2764
    jr_tech
    Participant

    Yep! I just found an old picture… there are actually 3 wires feeding the tower, the lowest is connected to the NW? corner leg near the top of the first white section, the second is connected in the middle of the red section above the white section (the second red section) and the third is connected to the NW? leg just above that red section. The 3 wires converge to a single insulator mounted on a metal box on the side of the building.

    There are 7 painted sections starting with red at the bottom, which as I remember is *quite* grounded. Very strange, I don’t understand the 3 wire feed at all.

    #2765
    Andy Brown
    Participant

    Radio 23’s Petition For Reconsideration has been granted and their application has been reinstated. For details see the first post in the thread under Channel 212 90.3 MHz. You remember this one. They proposed a site in the middle of the Pacific Ocean. Radio 23 was founded by Jeff Simmons but he does not appear as a Board Director on their application. He is on the board of Cascade Community Radio, another LPFM applicant seeking Channel 268 101.5 MHz. Simmons also works at KXRY in a management position. He also holds interest in the CP issued to KDOA. Jefferson Smith is also on the board of We Make The Media (Portland Radio Project) whom have tendered a settlement agreement (see a few posts back) as well as holding a position at KXRY, but is not on the board of Common Frequency, the licensee of KXRY.

    Got that?

    #2766
    Andy Brown
    Participant

    In shunt fed towers, no isocoupler is required however you can not mount the FM antenna anywhere near the feed point. The proposal calls for placing the FM at the top of the KBPS tower, so that won’t be an issue.

    This maneuver does however change the impedance parameters of the AM system and will require some additional work for KBPS.

    So like I said, don’t expect this one to be up and running in a hurry.

    #2767
    Andy Brown
    Participant

    The FCC has dismissed the application of Slavic Community Center of NW (SCCNW) for Ch 264 100.7 MHz due to defective engineering. Amazingly, the reason is not because they filed on a non existent tower (The FCC has no way of knowing that this tower was dismantled about 5 years ago, or is unsure – see the last sentence in the letter).

    FEDERAL COMMUNICATIONS COMMISSION

    445 TWELFTH STREET, SW

    WASHINGTON, DC 20554

    ENGINEER: Frank Takacs TELEPHONE: (202) 418-2700 2014 FACSIMILE: (202) 418-1410/1411 MAR 1 4 MAIL STOP: 1 800B3 INTERNET ADDRESS: Frank.Takacs@fcc.gov

    MEDIA BUREAU AUDIO DIVISION APPLICATION STATUS: (202) 418-2730

    HOME PAGE: http://www.fcc.gov/mb/audio/

    Slavic Community Center of NW, Inc 17229 SE Division Street S-29

    Portland, OR 97236

    Dear Applicant:

    Re: NEW-LP, Portland, OR Facility ID No. 196785

    Slavic Community Center of NW, Inc File No. BNPL-20131 1 14BHV

    The staff has under consideration the above-captioned application for a new low power FM (LPFM) station.

    An engineering study has revealed that the proposal fails to meet the minimum power and antenna height requirements of 47 C.F.R. § 73.811. Specifically, the application proposes an effective radiated power (ERP) of 9 watts in an attempt to submit a successful second-adjacent waiver. However, we calculate the height above average terrain (HAAT) at this site to be 34 meters. Therefore, the proposed facility would create an average 60 dBu contour distance of approximately 3.3 km. Pursuant to Section 73.811, the minimum required 60 dBu contour distance is 4.7 kilometers. The application does not address this deficiency and will be dismissed.

    Accordingly, in light of the above, application BNPL-2013 11 14BHV is unacceptable for filing pursuant to 47 C.F.R. § 73.3566(a)’ and IS HEREBY DISMISSED. This action is taken pursuant to 47 C.F.R. § 0.283

    Under the Public Notice entitled “Commission States Future Policy on Incomplete and Patently Defective AM and FM Construction Permit Applications,” FCC 84-366, released August 2, 1984, the Commission indicated that it would reinstate applications nunc pro tunc where the original application was dismissed and where a minor curative amendment was filed within thirty days. Please note that any amendment submitted for this purpose must be received within 30 days of the Public Notice of the dismissal of the application and must correct ALL acceptance defects with the application. This includes any defects that may not have been identified in the dismissal letter.

    Sincerely,

    James D. Bradshaw

    Deputy Chief Audio Division Media Bureau

    http://licensing.fcc.gov/cgi-bin/ws.exe/prod/cdbs/pubacc/prod/corrp_list.pl?Facility_id=196785

    There are still five applicants in this MX group. See the first post in this thread for details.

    #2768
    Andy Brown
    Participant

    The FCC has granted Western Oregon Radio Club’s application for 95.1. WORC proposes an antenna on the summit of Mt. Scott on one of the towers less than 200′ and not registered. They have promised to divest ownership in KQSO-LP Newberg if granted.

    #2769
    Andy Brown
    Participant

    The FCC has granted the Petition For Reconsideration and has reinstated the application of Slavic Community Center of NW (SCCNW) for Ch 264 100.7 MHz. See two posts up for details.

    #2770
    Andy Brown
    Participant

    The FCC has Granted a joint request for a Construction Permit on Channel 256 99.1 MHz and time share settlement agreement between LGBTQ Community Center Fund and We Make The Media, Inc.

    Deatails of the proposal:

    http://feedback.pdxradio.com/topic/lpfm-portland-metro-review-licensed-cps-applications#post-18628

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